New South Wales Consolidated Acts

OSTEOPATHS ACT 2001 - SECT 76

76 Appeal against suspension or imposition of conditions by Board-impairment matters

(1) A person may appeal to the Tribunal:

(a) against a suspension or extension of a suspension by the Board under Division 6 (Powers of the Board for the protection of the public) of Part 4, or

(b) against conditions imposed by the Board on the person’s registration under Division 6 of Part 4 or Part 5 or any alteration of those conditions by the Board, or

(c) against a refusal by the Board to alter or remove conditions imposed by the Board under Division 6 of Part 4 in accordance with a request made by the person under section 62, or

(d) against a refusal by the Board to remove or alter conditions imposed on the person’s registration, or to shorten or terminate a suspension, imposed under Part 5 in accordance with a request made by the person under section 72.

(2) An appeal may not be made in respect of a request by a person that is rejected by the Board because it was made during a period in which the request was not permitted under section 62 or 72.

(3) An appeal must be made within 28 days (or such longer period as the Chairperson may allow in a particular case) after notice of the action taken by the Board, or the Board’s refusal, is given to the person.

(4) An appeal is to be lodged with the Registrar who is to refer it to the Tribunal.

(5) On an appeal, the Tribunal may, by order, do any of the following:

(a) dismiss the appeal,

(b) remove or alter the conditions to which the osteopath’s registration is subject (including by imposing new conditions on the osteopath’s registration),

(c) terminate or shorten the period of the suspension concerned.

(6) The Tribunal’s order must not cause a suspension or conditions imposed by the Board to have effect beyond the day on which any related complaint about the person is disposed of.

(7) An appeal under this section does not affect any suspension or conditions with respect to which it has been made until the Tribunal makes an order on the appeal.